First Liberty attorneys say future of private prayer hangs in the balance

SEATTLE, Wash.—Attorneys for First Liberty Institute today filed a petition on behalf of their client, football coach Joe Kennedy, requesting an en banc rehearing of Coach Kennedy’s case by the U.S. Court of Appeals for the Ninth Circuit. If granted, eleven active Ninth Circuit judges—including the chief judge—would hear Coach Kennedy’s case and issue a decision.

“An en banc rehearing by the Ninth Circuit is necessary, given the extreme, far-reaching opinion issued by the three-judge panel,” Mike Berry, Deputy General Counsel for First Liberty. “If the current decision stands, a teacher could be fired for wearing a yarmulke to school. A coach could be fired for bowing his head in prayer when a player is hurt.”

In August, a three-judge panel of the Ninth Circuit held that a school district in Washington state could ban Coach Kennedy from silently praying alone for 15 to 30 seconds following a football game.

“Banning coaches from praying just because they can be seen is wrong and contradicts the Constitution,” said Kelly Shackelford, President and CEO of First Liberty. “We hope the Ninth Circuit will recognize the significance of this case. The future of private prayer hangs in the balance.”

MORE NEWS

SEATTLE, Wash.—Today, the U.S. Court of Appeals for the Ninth Circuit denied football coach Joe Kennedy’s request for a hearing en banc. Attorneys with First Liberty Institute represent Coach Kennedy. “It is disappointing that the Ninth Circuit would refuse to hear Coach Kennedy’s case en banc, especially in light of

WASHINGTON, DC—First Liberty Institute and the Ethics and Public Policy Center (EPPC), represented by Steptoe & Johnson, LLP, filed a friend-of-the-court brief in the U.S. Court of Appeals for the District of Columbia supporting the Archdiocese of Washington’s complaint against the Washington Metropolitan Area Transit Authority (WMATA). Before Christmas, WMATA